Northern District of Iowa
Press releases recorded for this federal judicial district.
Montour Man Sentenced to Eighteen Months for Bankruptcy FraudRead the Press Release
A man who concealed assets from the bankruptcy court and then lied about his assets under oath before a bankruptcy judge was sentenced today to eighteen months in federal prison.
Jay Freese, from Montour, Iowa, received the prison term after a February 18, 2014 guilty plea to one count of concealing assets in a bankruptcy case.
At the guilty plea hearing, Freese admitted he filed for bankruptcy protection in 2009 in the United States Bankruptcy Court for the Northern District of Iowa. Freese did not disclose his ownership of a Bobcat skid loader or Kubota tractor. When questioned under oath before a federal bankruptcy judge, Freese lied about those assets, claiming he sold them to another person.
Freese was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Freese was sentenced to eighteen months’ imprisonment and fined $5,000. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was investigated and prosecuted as part of the Bankruptcy Fraud Task Force in the Northern District of Iowa.
Freese was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the Federal Bureau of Investigation and the Office of United States Bankruptcy Trustee.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-cr-14-LRR.
Wisconsin Man Charged with Child Exploitation OffensesRead the Press Release
Christopher Heath-Lowther, age 30, of Platteville, Wisconsin, has been charged with one count of transporting a minor across a state line with intent to engage in criminal sexual activity and one count of traveling across a state line for the purpose of engaging in illicit sexual conduct. The charges are contained in an Indictment filed on September 10, 2014, in United States District Court in Cedar Rapids.
The Indictment alleges that, between December 2013 and February 2014, Heath-Lowther traveled across a state line for the purpose of engaging in illicit sexual conduct and transported a minor across a state line with the intent to engage in sexual activity that is illegal in Wisconsin.
If convicted, Heath-Lowther faces a mandatory minimum sentence of ten years’ imprisonment and a possible maximum sentence of life imprisonment, a $500,000 fine, a $200 special assessment, and at least five years and up to life on supervised release following any imprisonment.
Heath-Lowther appeared for a detention hearing today in federal court in Cedar Rapids and was released to home detention with GPS monitoring. Heath-Lowther’s next appearance for trial is set for November 17, 2014.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Federal Bureau of Investigation, the Platteville, Wisconsin, Police Department, and the Maquoketa Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-1014.
Man Charged with Distributing Methamphetamine Near A PlaygroundRead the Press Release
Robert John Mueller, age 29, from Dyersville, Iowa, has been charged with two counts of distributing methamphetamine near a playground and one count of possessing pseudoephedrine for use in the manufacture of methamphetamine. The charges are contained in an Indictment unsealed on September 12, 2014, in United States District Court in Cedar Rapids.
The Indictment alleges that, on or about June 19, 2014, and on or about June 26, 2014, Mueller knowingly and intentionally distributed a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, within 1000 feet of the real property comprising a playground, namely Candy Cane Park, located on Arbor Court Drive, in Dyersville, Iowa.If convicted on all charges, Mueller faces a possible maximum sentence of 40 years’ imprisonment, a $2,000,000 fine, $100 in special assessments, and a lifetime of supervised release following any imprisonment.
Mueller appeared today in federal court in Cedar Rapids. Mueller’s next appearance for a detention hearing is set for September 16, 2014.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Special Assistant United States Attorney Erin Eldridge and was investigated by the Dubuque Drug Task Force, which is comprised of officers from the Dubuque Police Department and the Dubuque County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-1015-LRR.
Attorney General Eric Holder Recognizes Northern District of Iowa Litigation TeamRead the Press Release
WASHINGTON -- Several members of a litigation team led by the U.S. Attorney’s Office in the Northern District of Iowa were among 243 federal employees recognized by Attorney General Eric Holder and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 30th annual Director’s Awards Ceremony today in Washington D.C. The Iowa team received a Director’s Award for Superior Performance by a Litigative Team in recognition of their outstanding work in Operation Cedar Valley Junction. The Iowa awardees were Assistant United States Attorneys Richard L. Murphy, Sean R. Berry, C.J. Williams, Matthew J. Cole, and Peter E. Deegan, Jr.; Paralegal Specialists Maureen C. Oviatt (Ret.) and Sali Van Weelden; Victim/Witness Coordinator Shari Konarske; Litigation Support Specialist Lee Cline Meyer; Department of Homeland Security Special Agent Michael D. Fischels; and FBI Special Agent Randy Van Gent (Ret.).
The Northern District of Iowa was one of 44 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
In his prepared remarks to awardees, Attorney General Holder said, “Locally, nationally, and internationally, you represent the very best that this Department has to offer. Your work embodies our ongoing commitment – not merely to win cases, but to do justice; to protect our fellow citizens from crime, violence, and terrorism; to empower the most vulnerable among us; and to uphold the rule of law.”
EOUSA Director Monty Wilkinson echoed those sentiments, saying to the recipients, “You have persevered, and remained focused and motivated – achieving remarkable results in work that makes a difference in the lives of citizens across our great country. The vast scope of your collective accomplishments is nothing short of exceptional.”
Operation Cedar Valley Junction was a successful investigation and prosecution of corporate wrongdoers in Northern Iowa. In 2008, immigration agents conducted a worksite enforcement action at Agriprocessors, Inc. The investigation into the corporation revealed instances of child labor and wage and hour violations. The team also discovered the Chief Executive Officer (CEO) had been defrauding Agriprocessors’ primary lender in several ways resulting in a $27 million financial fraud. A four-week jury trial and conviction of the company’s CEO for an array of financial crimes culminated in a 27-year sentence.
“I join Attorney General Holder and Director Wilkinson in congratulating the Cedar Valley Junction team on their receipt of this prestigious award.”
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
Independence Man Sentenced to over 21 Years for Distributing and Possessing Child PornographyRead the Press Release
A man who distributed and possessed child pornography was sentenced September 2, 2014, to over 21 years in federal prison.
Steven Risk, age 38, of Independence, Iowa, received the sentence after a May 9, 2014, guilty plea to one count of distribution of child pornography and one count of possession of child pornography. At the guilty plea hearing, Risk admitted that, between 2011 and 2013, he distributed and possessed child pornography. In a plea agreement, defendant admitted he used the Internet to trade child pornography with others and possessed over 30,000 images of child pornography.
Risk was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Risk was sentenced to 262 months’ imprisonment. A special assessment of $200 was imposed, and Risk must also serve a 15-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, Homeland Security Investigations, and the Federal Bureau of Investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-2010.
Cedar Rapids Man Sentenced to More Than Three Years in Prison for Robbing Bank in ElyRead the Press Release
A man who robbed the Solon State Bank in Ely, Iowa, was sentenced on September 2, 2014 to more than three years in federal prison.
Robert Melton, 51, from Cedar Rapids, Iowa, received the prison term after a May 15, 2014, guilty plea to one count of bank robbery.
At the guilty plea, Melton admitted he entered the Solon State Bank in Ely on January 17, 2014, and gave a note to a teller demanding money and informing the teller not to do anything and nothing would happen. The teller gave Melton some cash and Melton left the bank, walked to his truck, and drove away. A witness to the robbery followed Melton as he drove away from the bank. The witness called 911 and reported Melton’s location. Law enforcement officers then stopped Melton and took him into custody.
Melton was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Melton was sentenced to forty-six months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Melton is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Federal Bureau of Investigation and the Linn County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 14-CR-00024.
Charles City Man Sentenced to More Than Five Years in Prison for Being A Felon in Possession of Stolen FirarmsRead the Press Release
A man who was caught with four stolen firearms after a high speed chase through three counties was sentenced today to more than five years in federal prison.
Franklin Foster, age 22, from Charles City, Iowa, received the prison term after a June 11, 2014, guilty plea to being a felon in possession of firearms.
At the sentencing hearing, the record showed that, on April 12, 2014, defendant fled from officers who were trying to stop him for driving with a suspended driver’s license. Defendant fled from the officers at a high rate of speed, eventually traveling through three counties. During the chase, Foster ran stop signs, drove through ditches, drove the wrong way on streets, drove through residential neighborhoods, and reached speeds in excess of 95 miles an hour. During the chase, Foster made phone calls to authorities, threatening to shoot officers. When officers were finally successful in deflating the tires of Foster’s vehicle with stop sticks, defendant engaged in a stand-off with officers, during which time he displayed firearms. Officers eventually succeeded in persuading Foster to drop the weapons and surrender. Foster was convicted in 2012 of the felony offense of Theft 2nd Degree in the Iowa District Court for Floyd County.
Foster was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Foster was sentenced to seventy-one months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Foster is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by ATF, the Charles City Police Department, the Floyd County Sheriff’s Office, and the Iowa State Patrol.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-2021.
Cedar Rapids Man Sentenced for Unlawful Possession of A Firearm and AmmunitionRead the Press Release
A former member of the military who served two tours of duty in Afghanistan and Iraq was sentenced in federal court today to serve a five year term of probation.
Matthew James Stover, 31, from Cedar Rapids, Iowa, received the sentence after pleading guilty on November 14, 2013, to one count of possessing a semi-automatic assault rifle and ammunition as an unlawful drug user.
In a plea agreement, Stover admitted he possessed an AR-15 assault rifle, a magazine containing 59 rounds of .223 caliber ammunition, another magazine for the weapon, and about 600 additional rounds of .223 caliber ammunition on August 15, 2013, when a State of Iowa search warrant was executed at his residence. The warrant was executed after Marion, Iowa, Police officers encountered Stover after he purchased marijuana in a park in Marion.
Stover was sentenced on August 24, 2014, in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Stover was sentenced to serve a 5 year term of probation with special conditions requiring continued mental health treatment, abstinence from the use of alcohol or drugs, remote alcohol testing, and not being permitted in the unsupervised presence of a child under the age of 12, including his minor daughter. The sentence represented a downward departure from the advisory federal sentencing guidelines range of 30-37 months imprisonment.At the sentencing hearing begun August 14, and concluded on August 24, Judge Reade noted Stover has been diagnosed as suffering from several mental health conditions, including PTSD, that predated and post-dated his military service. Further, while Stover has performed well under pre-trial treatment and supervision, Judge Reade noted he had a history of non-compliance with drug and mental health treatment, as well as a history of violence. Reade noted Stover had previously assaulted his wife and choked his stepson, and in March 2012 caused an injury to his infant daughter that resulted in her skull being crushed.
The court also noted that Stover had made statements, in the months prior to his arrest, indicating he wanted to go back to Afghanistan to kill and engage in radical jihad. These statements raised concerns with family members as well as local and federal law enforcement officers.
In imposing the sentence, the court noted this was not a “run of the mill case” and indicated it was reluctant to interfere with defendant’s mental health treatment that he has been receiving from the VA for about the past year. Further, defendant had an opportunity for employment with the VA and has been fully compliant with the conditions of treatment for the past year. In light of this, the court placed defendant on probation and imposed several conditions of probation intend to minimize defendant’s risk to the community. The court cautioned Stover that should he violate his conditions of probation, he would likely be sentenced to serve at least 30 months, and as much as 120 months, in federal prison.
The case was prosecuted by Assistant United States Attorney Richard L. Murphy and investigated by the Marion, Iowa, Police Department and the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-CR-68-LRR.
Bellevue Man Sentenced for Firearms CrimesRead the Press Release
Terrance Joseph Kilburg, age 48, from Bellevue, Iowa, received a 235-month prison term after an April 14, 2014, guilty plea to one count of being a felon in possession of firearms and ammunition and one count of possessing unregistered National Firearms Act Weapons.
In a plea agreement, Kilburg admitted he was a felon and possessed fifteen firearms and various forms of ammunition. Two of these firearms were short barreled, or “sawed-off,” shotguns. Kilburg also admitted to allowing an individual access to his property to manufacture methamphetamine. Items associated with the manufacture of methamphetamine were seized from his property during the execution of a search warrant. While on release pending sentencing, Kilburg fled the Northern District of Iowa and was declared a fugitive from justice. Kilburg was eventually arrested by the Michigan State Patrol.
Kilburg was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Kilburg was sentenced to 235 months’ imprisonment. A special assessment of $200 was imposed and he must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Kilburg is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Lisa C. Williams and investigated by the Iowa Department of Natural Resources, Iowa Division of Narcotics Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-cr-1005.
Man Charged with Selling Drugs Out of Candy StoreRead the Press Release
Dwayne Howard, 35, from Dubuque, Iowa, has been charged with four counts of distributing crack cocaine near a school or playground. The charges are contained in an Indictment unsealed on August 18, 2014, in the United States District Court in Cedar Rapids.
The Indictment alleges that, on four different dates in January and February 2014, Howard sold crack cocaine to another person. Court records indicate that the person who purchased the crack cocaine was an undercover police officer. Three of the sales are alleged to have occurred inside “Wayne’s Candy,” a candy store operated by Howard in Dubuque, Iowa. The candy store is now closed.If convicted, Howard faces a mandatory minimum sentence of one year imprisonment without the possibility of parole, and a possible maximum sentence of 160 years’ imprisonment, an $8,000,000 fine, $400 in special assessments, and a term of supervised release of at least six years and up to life, following any imprisonment.
Howard appeared on August 18 and 20, 2014, in federal court in Cedar Rapids and was held without bond. Howard’s next appearance for a status hearing is set for September 24, 2014. Trial is scheduled for October 20, 2014.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Iowa Division of Narcotics Enforcement and the Dubuque Drug Task Force, which is comprised of officers from the Dubuque Police Department and the Dubuque County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/ login.pl. The case file number is 14-CR-1013.
Cedar Rapids Fragrance Hut Owner Charged with Maintaining A Premises for Distributing Synthetic DrugsRead the Press Release
Matthew McCauley, age 39, from Cedar Rapids, Iowa, has been charged with one count of maintaining a drug-involved premises. The charges are contained in an Indictment filed on August 20, 2014, in United States District Court in Cedar Rapids.
The Indictment alleges that, between about February and August 2014, McCauley knowingly and intentionally used and maintained the Fragrance Hut located at 2902 First Avenue NE, Cedar Rapids, Iowa, for the purpose of distributing Schedule I controlled substances. An earlier Complaint filed on August 8, 2014, alleged McCauley told police in March 2014 that he opened the Fragrance Hut to sell “herbal incense.” According to the Complaint, the purported “incense” actually contained several synthetic cannabinoids, including Schedule I controlled substances UR-144, XLR-11, AM-2201, and AB-FUBINACA. The Complaint describes synthetic cannabinoid products as a mixture of an organic “carrier” medium, such as the herb-like substance Damiana, which is then typically sprayed or mixed with a synthetic compound chemically similar to THC (tetrahydrocannabinol), the psychoactive ingredient in marijuana.If convicted, McCauley faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and a lifetime of supervised release following any imprisonment.
McCauley first appeared on August 8, 2014, in federal court in Cedar Rapids. On August 20, 2014, he was ordered detained without bond. McCauley’s next appearance for an arraignment is set for August 22, 2014.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Dan Chatham and was investigated by as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa Division of Narcotics Enforcement; and the Sixth Judicial District Department of Correctional Services.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file numbers are CR14-94-LRR and 14-MJ-186.
Cedar Rapids Man Sentenced for Possession of A Firearm by A FelonRead the Press Release
A man who unlawfully possessed a firearm was sentenced today to almost three years in federal prison.
Ramius Hardiman, age 21, from Cedar Rapids, Iowa, received the prison term after a May 23, 2014, guilty plea to one count of possession of a firearm by a felon.
At the plea hearing, Hardiman admitted that on May 8, 2013, he possessed a Taurus 9mm pistol. Hardiman is prohibited from possessing firearms due to his felony conviction for Involuntary Manslaughter in October 2011.
Hardiman was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Hardiman was sentenced to 34 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Hardiman is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes. The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Cedar Rapids Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, and Firearms.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-CR-37.
Cedar Rapids Man Pleads Guilty to Producing and Selling Counterfeit DVDs and CDsRead the Press Release
A man who produced and had for sale thousands of counterfeit movie DVDs and music CDs pled guilty today in federal court in Cedar Rapids.
Steven Brown, 45, from Cedar Rapids, Iowa, was convicted of one count of copyright infringement.
At the plea hearing, Brown admitted that between December 2012 and February 2013, he produced and offered for sale 1,510 counterfeit DVDs and 492 counterfeit CDs. Brown further admitted that these counterfeit goods had a total retail value of more than $25,000.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Brown remains free on conditions of supervision set by the Court pending sentencing. Brown faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Department of Homeland Security.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 14-CR-00080.
Cedar Rapids Man Charged with Committing Four Robberies at Two Different Cedar Rapids BanksRead the Press Release
Javon Dockery, age 29, of Cedar Rapids, Iowa, has been indicted on four counts of bank robbery and one count of possession of a firearm in furtherance of a crime of violence. The charges are contained in Superseding Indictment filed on August 13, 2014, in United States District Court in Cedar Rapids.
Dockery and Bria Daudinot, age 21, also of Cedar Rapids, had previously been charged in a July 8, 2014 Indictment with one count of bank robbery. The Superseding Indictment brings the total number of robberies charged against Dockery to four. No new charges were brought against Daudinot.
The Superseding Indictment alleges that, on or about April 30, 2014, Dockery robbed the 16th Avenue branch of the US Bank in Cedar Rapids. The Superseding Indictment also alleges that, on both May 16 and May 29, 2014, Dockery robbed the Bever Avenue branch of the Guaranty Bank in Cedar Rapids. Finally, as was charged in the original Indictment, the Superseding Indictment alleges that, on June 26, 2014, Dockery and Daudinot robbed and aided and abetted the robbery of the 16th Avenue branch of the US Bank in Cedar Rapids, and Dockery possessed and brandished a firearm in furtherance of that robbery.
If convicted on all charges, Dockery faces a mandatory minimum sentence of 7 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,250,000 fine, a $500 special assessment, and up to 17 years on supervised release following any imprisonment. If convicted, Daudinot faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and up to 3 years on supervised release following any imprisonment.
Dockery and Daudinot are both being held without bond. Their next appearance for trial is set for September 22, 2014.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Federal Bureau of Investigation, the Cedar Rapids Police Department, and the Sixth Judicial District Department of Correctional Services.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-68.
Marion Man Sentenced on Plea of Guilty to Possessing Firearms and Ammunition as an Unlawful Drug UserRead the Press Release
A man who possessed more than twenty firearms, including at least six military style assault rifles; thousands of rounds ammunition; and about 90 high capacity magazines, as an unlawful user of marijuana, was sentenced today to serve nearly four years in federal prison.
Clint Allen Hughes, 33, from 1165 4th Avenue, Marion, Iowa, received the prison term after a March 17, 2014, guilty plea to being an unlawful user of controlled substances in possession of firearms and ammunition.
Evidence presented at sentencing today showed the firearms and ammunition were seized following a search Hughes’s apartment by the Marion, Iowa, Police Department in August 2013. At that time, Hughes was determined to be an unlawful user of marijuana.
Hughes was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Hughes was sentenced to 46 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
In sentencing Hughes, Judge Reade noted Hughes had a 20 year history of substance abuse and expressed displeasure that he had violated pretrial supervision by repeatedly testing positive for marijuana and falsely denying he continued to use the drug. Judge Reade also expressed concern about statements Hughes made to a Marion Police Sergeant on the day his apartment was searched, suggesting he was a survivalist and had another hidden location where he stored more guns.
Hughes is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant U.S. Attorney Richard L. Murphy and investigated by the Marion Police Dept. and the Bureau of Alcohol, Tobacco, and Firearms.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 14-CR-00010-LRR.Man Sentenced to Federal Prison for Meth Cook That Started Apartment Fire Near Dubuque SchoolRead the Press Release
A man who was involved in an attempt to manufacture methamphetamine in his apartment, but instead set the apartment building on fire, was sentenced on July 29, 2014, to more than seven years in federal prison.
Donald Sheldon, age 47, from Dubuque, Iowa, received the prison term after an April 3, 2014, guilty plea to attempt and aiding and abetting the manufacture of methamphetamine within 1,000 feet of a school.
Court documents reflect Sheldon allowed Joshuah Tiesman to use his apartment to manufacture methamphetamine. The methamphetamine lab exploded, starting a fire in the apartment building that caused damage to Sheldon’s apartment building and an adjoining building, including a restaurant located in that adjoining building. Tiesman previously was sentenced to 96 months’ imprisonment for his involvement in the methamphetamine cook and fire.
Sheldon was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Sheldon was sentenced to 87 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $94,682 in restitution to the victims of the fire. He must also serve a six-year term of supervised release after the prison term. There is no parole in the federal system.
Sheldon is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Dan Chatham and investigated by Dubuque, Iowa, Drug Task Force.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR13-1019-2-LRR.
Cedar Rapids Man Pleads Guilty to Distributing Heroin That Caused Overdose DeathRead the Press Release
A man who distributed heroin to an individual who died from using the heroin pled guilty on July 28, 2014, in federal court in Cedar Rapids.
Austin Allen Martens, age 24, from Cedar Rapids, Iowa, was convicted of distribution of heroin.
In a plea agreement, Martens admitted that he distributed $80 worth of heroin to another individual in March 2013. The purchaser was found deceased the next day, having overdosed after using the heroin distributed by defendant.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Martens remains in custody of the United States Marshal pending sentencing. Martens faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and up to a lifetime of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Dan Chatham and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA, the Linn County Sheriff's Office, the Cedar Rapids Police Department, the Marion Police Department, the Iowa Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR14-40-1-LRR.
Cedar Rapids Man and Woman Charged with Bank Robbery and Firearm OffenseRead the Press Release
Javon Dockery, age 29, and Bria Daudinot, age 21, both of Cedar Rapids, Iowa, have been indicted on charges of bank robbery and possession of a firearm in furtherance of a crime of violence. The charges are contained in an Indictment filed on July 8, 2014, in United States District Court in Cedar Rapids.
The Indictment alleges that, on or about June 26, 2014, Dockery and Daudinot robbed and aided and abetted the robbery of the 16th Avenue branch of the US Bank in Cedar Rapids. The Indictment also alleges that Dockery possessed and brandished a firearm in furtherance of the robbery.
If convicted on all charges, Dockery faces a mandatory minimum sentence of 7 years’ imprisonment and a possible maximum sentence of life imprisonment, a $500,000 fine, a $200 special assessment, and up to 5 years on supervised release following any imprisonment. If convicted, Daudinot faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and up to 3 years on supervised release following any imprisonment.
Dockery and Daudinot made their initial appearance in federal court in Cedar Rapids on July 22, 2014, and Daudinot appeared for a detention hearing on July 24, 2014. Both were held without bond. Their next appearance for trial is set for September 22, 2014.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Federal Bureau of Investigation and the Cedar Rapids Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-68.
Man Who Allegedly Escaped from Prison in 1973 Charged with Social Security Fraud, Identity Theft, and Unlawful Possession of A FirearmRead the Press Release
Ronald Dwaine Carnes, 69, from Waterloo, Iowa, has been charged with four counts of Social Security fraud, two counts of identity theft, and one count of being a felon and fugitive from justice in possession of a firearm. The charges are contained in an Indictment filed on July 22, 2014, in United States District Court in Cedar Rapids.
The Indictment alleges that Carnes was convicted of Robbery with Firearms in North Carolina in November 1970. He allegedly escaped from prison on or about August 4, 1973. Following his alleged escape, Carnes allegedly lived under the identities of two different persons to avoid detection by law enforcement. Carnes also allegedly used the two identities to collect Social Security benefits and to apply for Iowa drivers’ licenses. During an April 14, 2014, search of Carnes’ residence in Waterloo, Iowa, law enforcement agents allegedly found certified copies of birth certificates for both identities as well as a handgun and ammunition.If convicted on all charges Carnes faces a mandatory minimum sentence of two years’ imprisonment and a possible maximum sentence of thirty-four years’ imprisonment, as well as a fine, $700 in special assessments, and supervised release following any imprisonment.
Carnes appeared today in federal court in Cedar Rapids and was held without bond. Carnes’ next appearance for a status hearing is set for August 27, 2014. Trial is set for September 22, 2014.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by Social Security Administration, Office of the Inspector General, Office of Investigations, the Waterloo Police Department, and the Iowa Department of Transportation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-2033.
Hubbard, Iowa, Woman Pleads Guilty to Bank FraudRead the Press Release
Woman Also Pleads Guilty To Unlawful Manufacture and Possession of a Department of Justice Seal
A woman who forged a court order for a purported structured settlement in support of her request for a bank loan, and who forged a separate letter purporting to be from a United States Department of Justice official, pled guilty on July 23, 2014, in federal court in Cedar Rapids.
Stephanie Drake (formerly known as Stephanie Drake-Zierke), age 50, from Hubbard, Iowa, was convicted of one count of bank fraud and one count of unlawful manufacture and possession of a United States Department of Justice seal.
In a plea agreement, Drake admitted that, between about March 2009 and September 2012, she fraudulently induced a bank to loan her money by falsely claiming that her husband had been awarded a legal settlement in the amount of $2,200,000. Drake also admitted presenting a fabricated document to the bank purporting to be a court order for the legal settlement. Drake also admitted defrauding the same bank by presenting falsified loan paperwork indicating her husband’s parents had agreed to guarantee a loan of up to $162,600. Drake admitted that, between May 2008 and September 2012, the bank loaned her a total of at least $483,513.51. Drake admitted her conduct resulted in a loss to the bank of more than $400,000.
Also in the plea agreement, Drake admitted that, in about January of 2012, she unlawfully manufactured and possessed a seal of the United States Department of Justice. Drake admitted she forged a letter to her husband, dated January 23, 2012, that bore the seal and purported to be from the United States Attorney for the Northern District of Iowa. Drake admitted forging the letter in an attempt to substantiate a false claim that her husband was cooperating with federal authorities in a theft investigation.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Drake remains free on bond pending sentencing. Drake faces a possible maximum sentence of 30 years’ and 6 months’ imprisonment, a $1,005,000 fine, $110 in special assessments, and 5 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Peter Deegan and was investigated by the Federal Bureau of Investigation and the Hardin County, Iowa, Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-2032.
Ashton Man Sentenced to 5 Years for Distributing Child PornographyRead the Press Release
A man who distributed child pornography was sentenced July 17, 2014, to five years in federal prison.
Todd Techen, age 22, of Ashton, Iowa, received the sentence after an April 17, 2014, guilty plea to one count of distribution of child pornography. At the guilty plea hearing, Techen admitted that, between 2012 and January 2013, he knowingly distributed child pornography.
Techen was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Techen was sentenced to 60 months’ imprisonment. A special assessment of $100 was imposed, and Techen must also serve a ten-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Federal Bureau of Investigation, and the Lyon County Sheriff’s Office.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 13-4079.
Waterloo Felon to Federal Prison for Possessing Loaded Sawed-Off ShotgunRead the Press Release
A man who was convicted of possessing an unregistered sawed-off shotgun was sentenced Thursday to more than 6 years in federal prison.
Patrelle Jose Green-Bowman, age 21, from Waterloo, Iowa, received the prison term after a May 13, 2014 jury verdict finding him guilty of possessing a firearm as a felon and possessing an unregistered sawed-off shotgun.
The evidence at trial showed that on August 2, 2013, Green-Bowman was found by Waterloo Police Department officers in the backseat of a car parked at an apartment complex in Waterloo. A loaded sawed-off shotgun was found wrapped in Green-Bowman’s coat on the seat immediately behind where Green-Bowman had been sitting.
Green-Bowman was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Green-Bowman was sentenced to 78 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Green-Bowman is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Dan Chatham and investigated by the Waterloo Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-CR-02023-LRR.
Hampton Man Charged with Passport Fraud and False StatementsRead the Press Release
Abel Hernandez-Labra, age 43, from Hampton, Iowa, has been charged with passport fraud and false statements in a Complaint filed on July 15, 2014, in United States District Court in Cedar Rapids.
The Complaint alleges that Hernandez-Labra assumed the identity of a U.S. citizen by fraudulently obtaining the victim’s birth certificate. The Complaint also alleges the birth certificate, along with an Iowa driver’s license obtained by Hernandez-Labra in the victim’s name, was then used to apply for and receive a U.S. passport in 2008. The Complaint also alleges when confronted by investigating special agents, Hernandez-Labra completed a written sworn statement believed to contain several material false statements.
Hernandez-Labra appeared today in federal court in Cedar Rapids and was held without bond. Hernandez-Labra’s next appearance for a preliminary hearing is set for July 30, 2014, at 4:00 p.m.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorneys Rich Murphy and Daniel C. Tvedt and was investigated by the U.S. Department of State, Diplomatic Security Service (DSS) Chicago Field Office. DSS special agents were assisted in the arrest by officers of the Hampton Police Department, the Webster City Police Department, and the Hamilton County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-MJ-176.
Former City Clerk Sentenced to Twenty-One Months' Imprisonment for Defrauding the City of MasonvilleRead the Press Release
A woman, formerly the city clerk for Masonville, Iowa, who defrauded the city of more than $80,000, was sentenced on July 14, 2014, in federal court in Cedar Rapids.
Christine King, 42, from Strawberry Point, Iowa, received the prison term after a May 5, 2014, guilty plea to one count of mail fraud.
In a plea agreement, King admitted that, from July 2002 through October 2011, while working as the city clerk for the city of Masonville, she routinely issued herself fraudulent payroll and expense reimbursement checks. King further admitted she included fraudulently inflated bank account balances for the city’s bank accounts on reports King provided to the city council and to the Auditor for the State of Iowa in order to prevent anyone from discovering her fraud. At sentencing, the court determined King had defrauded Masonville of $81,524.24. King also agreed she was responsible for an $11,070.57 bill from the Iowa State Auditor to Masonville for an audit of Masonville after King’s fraud was discovered.
King was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. King was sentenced to twenty-one months’ imprisonment. A special assessment of $100 was imposed and she was ordered to make $82,594.81 in restitution to Masonville and $10,000 in restitution to an insurance company. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
King was released on conditions previously set and is to surrender to the United States Marshal on August 4, 2014.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 14-CR-2009.
Dubuque Gas Station Altercation Leads to Federal Prison SentenceRead the Press Release
A man who threatened a Dubuque woman with a gun after she refused to assist him in committing food stamp fraud at a Dubuque gas station was sentenced today to just under 5 years in federal prison.
Billy Evans, 23, from Milwaukee, Wisconsin, received the prison term after a April 15, 2014 guilty plea to possession of a firearm and ammunition as a felon.
According to court records and information disclosed at the sentencing hearing, Evans arrived in Dubuque from Wisconsin on January 16, 2014. Upon his arrival in Dubuque, Evans walked to a gas station and attempted to persuade a woman at the gas station to use Evans’s food stamp card to purchase her items, and to give Evans her cash. When the woman refused, Evans yelled at the woman while lifting the side of his jacket to show her that he was carrying a handgun in his waistband. The altercation was captured by the store’s surveillance camera.
A second confrontation occurred after the woman left the gas station, prompting the woman to call 911. Police arrived and approached Evans as he walked away from the gas station. Upon seeing the officers, Evans fled on foot. The foot pursuit went several blocks, through backyards. While he was running from the police, Evans discarded a loaded .25 caliber pistol, which officers found following the chase. Evans was a felon at the time, having been convicted in Wisconsin of Operating a Vehicle without Consent and Attempted Armed Robbery.
Evans was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Evans was sentenced to 57 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Evans is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by the Dubuque Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/ login.pl. The case file number is 14-CR-1007.
Jury Convicts Fort Dodge Man for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was convicted by a jury on July 8, 2014, after a 1 ½-day trial in federal court in Sioux City.
Joseph Tyler McDonald, 41, from Fort Dodge, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine. The verdict was returned following about 50 minutes of jury deliberations. McDonald was previously convicted of conspiracy to distribute crack cocaine within 1000 feet of a school and possession with intent to distribute cocaine base.
The evidence at trial showed that McDonald was receiving packages via USPS containing methamphetamine from California that he distributed in the Fort Dodge, Iowa, area. Law enforcement intercepted a USPS package being delivered to McDonald at a relative’s address from California in January 2014. Law enforcement discovered and seized ½ pound of ice methamphetamine from the package. McDonald admitted to having received eight ounces of methamphetamine and eight ounces of cocaine by mail in the weeks preceding the noted seizure.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. McDonald remains in custody of the United States Marshal and will remain in custody pending sentencing. On both convictions, McDonald faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, $200 in special assessments, and 10 years up to life of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the United States Postal Service, Iowa Department of Narcotics Enforcement, Fort Dodge Police Department, and Iowa Division of Criminal Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-3012.
Illegal Alien Convicted of Aggravated Identity TheftRead the Press Release
An illegal alien from Mexico who assumed the identity of a United States citizen was convicted by a jury today, after a two-day trial in federal court in Cedar Rapids.
Juan Bautista-Rubio, age 21, an illegal alien from Mexico living in Cedar Falls, Iowa, was convicted of one count of aggravated identity theft. The verdict was returned this afternoon following about two hours and thirty minutes of jury deliberations. Bautista-Rubio previously pled guilty on May 9, 2014, to one count of illegal re-entry into the United States following deportation and one count of unlawful use of a fraudulently acquired social security card and permanent resident card to gain employment in the United States.
The evidence at trial showed that Bautista-Rubio used a fraudulently acquired social security card and a fake lawful permanent resident alien card to obtain employment in Waterloo, Iowa, where he filled out an Immigration I-9 Form on April 5, 2012, falsely claiming to be a lawful permanent resident alien. Immigration I-9 forms are required to be completed by all employees working within the United States. Bautista-Rubio worked in Waterloo, Iowa, continuously from April 2012 through June 2013 and again from December 2013 through April 2014.
On April 23, 2014, Bautista-Rubio was questioned by an agent with Homeland Security. During that interview Bautista-Rubio admitted that he was present in United States illegally after being deported in 2011 and that he knowingly used the identification documents of a real person, including the name, date of birth, and social security number, to gain employment in the United States. Bautista-Rubio told the agent that he specifically requested and obtained the identification documents of a real person to ensure that he could work here.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Bautista-Rubio remains in custody of the United States Marshal pending sentencing. On the illegal re-entry count, Bautista-Rubio faces a possible maximum sentence of two years’ imprisonment. On the use of identification documents count, Bautista-Rubio faces a possible maximum sentence of ten years’ imprisonment. On the aggravated identity theft count, Bautista-Rubio faces a mandatory sentence of two years’ imprisonment. In addition, on all counts, Bautista-Rubio faces fines of up to $750,000, $300 in special assessments, and five years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Department of Homeland Security.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-0052.
U.S. Attorney's Office Is Seeking Information from Those Sickened by Contaminated Eggs in 2010Read the Press Release
The U.S. Attorney’s Office for the Northern District of Iowa is asking people who were sickened by eggs produced by Quality Egg, LLC between about the beginning of 2010 and August 2010 to contact their office.
On June 3, 2014, Quality Egg, LLC (also known as Wright County Egg) and two company officials pled guilty to a misdemeanor charge of introducing adulterated eggs into interstate commerce. The charge resulted from Quality Egg, LLC’s sale of eggs contaminated with Salmonella Enteriditis between about the beginning of 2010 and August 2010.
Anyone who was sickened during this time period from eggs distributed by Quality Egg, LLC is asked to visit the website for the U.S. Attorney’s Office, Northern District of Iowa, at: www.justice.gov/usao/ian or to contact Shari Konarske, Victim-Witness Coordinator, U.S. Attorney’s Office, Northern District of Iowa at (319) 363-6333 or at [email protected].
Mason City Man Pleads Guilty to Distributing Child PornographyRead the Press Release
A man who distributed child pornography pled guilty today in federal court in Cedar Rapids.
Jamison Miller, age 41, from Mason City, Iowa, was convicted of one count of distribution of child pornography.
At the plea hearing, Miller admitted that, between September 2012 and April 2013, he distributed child pornography. He also admitted that, in 2000, he was convicted of an offense relating to the possession of child pornography.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Miller remains in custody of the United States Marshal pending sentencing. Miller faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following his imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the U.S. Marshals Service, and the Federal Bureau of Investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-3010.
Man Sentenced for Assaulting Security Guard at Social Security Administration OfficeRead the Press Release
A man who forcibly assaulted a security guard at the Social Security Administration Office in Cedar Rapids, Iowa, was sentenced on July 1, 2014, to more than two years in federal prison.
Howard Lamont Coakley, age 30, from Cedar Rapids, Iowa, received the prison term after a May 7, 2014, guilty plea to assaulting a person engaged in official federal duties.
At the guilty plea hearing, Coakley admitted that, on January 14, 2014, he forcibly assaulted a security guard who was working for the Social Security Administration in Cedar Rapids. Coakley further admitted his assault caused bodily injury to the security guard.
Coakley was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Coakley was sentenced to 30 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Coakley is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Federal Protective Service.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-00017.
Dubuque Men Plead Guilty to Methamphetamine Charge Related to Apartment FireRead the Press Release
Two men have pled guilty to a federal methamphetamine charge connected with a building fire that occurred in Dubuque on February 20, 2014.
John Starks Sr., age 46, and Casey Duhme, age 24, both of Dubuque, Iowa, were each convicted of conspiracy to manufacture methamphetamine near a school. Duhme and Starks pled guilty in federal court in Cedar Rapids on June 25, 2014 and June 26, 2014, respectively.
In their plea agreements, Starks and Duhme each admitted they agreed with others to manufacture methamphetamine from February 16 through February 20, 2014. Both Starks and Duhme admitted obtaining pseudoephedrine during this time period, and Starks admitted he purchased lye. The pseudoephedrine and lye were intended to be used in the manufacture of methamphetamine.
According to Duhme’s plea agreement, Starks and Duhme were both involved in an attempt to cook methamphetamine in Starks’s apartment located on White Street. The apartment was part of a multi-family apartment building located across the street from an elementary school. The attempted cook caused a fire to erupt in the upstairs bathroom of Starks’s apartment during the early morning hours of February 20, 2014. Starks sustained significant burns on his hands. Within a couple minutes of the fire starting, Starks, Duhme, and a third person fled the apartment. No one called 911 or alerted anyone about the fire. Several minutes later, a police officer doing routine patrol noticed smoke coming from the apartment building and evacuated residents. The roof of the apartment building collapsed shortly after the evacuation. The building is no longer habitable.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after presentence reports are prepared. Starks and Duhme both remain in custody of the United States Marshal pending sentencing. They each face a mandatory minimum sentence of 1 year imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $2,000,000 fine, $100 in special assessments, and at least 6 years and up to a life term of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Dubuque Drug Task Force, the Dubuque Police Department, and the Dubuque Fire Department.Court file information is available at https://ecf.iand.uscourts.gov/ cgi-bin/login.pl. The case file number is 14-cr-1009.
Cedar Rapids Man Sentenced to 10 Months for Failing to Register as A Sex OffenderRead the Press Release
A man who failed to register as a sex offender was sentenced today to ten months in federal prison.
Kendall Woodall, age 35, of Cedar Rapids, Iowa, received the sentence after a March 24, 2014, guilty plea to one count of failing to register as a sex offender. At the guilty plea hearing, Woodall admitted that he moved from Missouri to Iowa and did not register as a sex offender in Iowa. Woodall was required to register because of his 2002 Missouri convictions for statutory rape and statutory sodomy.
Woodall was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Woodall was sentenced to ten months’ imprisonment. A special assessment of $100 was imposed, and Woodall must also serve a five-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the United States Marshals Service and the Iowa Division of Criminal Investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-31.
Anamosa Man Plead Guilty to Manufacturing Methamphetamine Near A SchoolRead the Press Release
Zackery Lee Smock, age 36, from Anamosa, Iowa, pled guilty to one count of attempted manufacture of methamphetamine by a drug felon near a school on July 1, 2014, in federal court in Cedar Rapids.
At the plea hearing, Smock admitted that, on March 7, 2014, he attempted to manufacture methamphetamine at a residence in Anamosa. During the course of his manufacturing, he started a fire at the residence. The residence was within 1000 feet of St. Patrick’s school in Anamosa.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Smock remains in custody of the United States Marshal pending sentencing. Smock faces a mandatory minimum sentence of one year imprisonment and a possible maximum sentence of 60 years’ imprisonment, a $4,000,000 fine, a $100 special assessment, and at least six years of supervised release following any imprisonment.
The case is being prosecuted by Special Assistant United States Attorney Lisa C. Williams and was investigated by the Anamosa Police Department, Anamosa Fire Department, Iowa Division of State Fire Marshal, and the Iowa Division of Narcotics Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-cr-57.
Man Who Allegedly Escaped from Prison in 1973 Charged with Identity Theft and Unlawful Possession of A FirearmRead the Press Release
Ronald Dwaine Carnes, age 69, from Waterloo, Iowa, has been charged with misuse of Social Security numbers, aggravated identity theft and possession of a firearm by a felon and fugitive from justice. The charges are contained in a Complaint filed on June 23, 2014, in United States District Court in Cedar Rapids.
The Complaint alleges that Carnes was convicted of Robbery with Firearms in North Carolina in November 1970. He allegedly escaped from prison on or about August 4, 1973. Following his alleged escape, Carnes allegedly lived under the identities of two different persons to avoid detection by law enforcement. Carnes also allegedly used the two identities to collect Social Security benefits and to apply for Iowa drivers’ licenses. During an April 14, 2014, search of Carnes’ residence in Waterloo, Iowa, law enforcement agents allegedly found certified copies of birth certificates for both identities as well as a handgun and ammunition.Carnes appeared today in federal court in Cedar Rapids and was held without bond. Carnes’ next appearance for a preliminary hearing is set for July 9, 2014, at 4:00 p.m.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by Social Security Administration, Office of the Inspector General, Office of Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-mj-157.
Cellular Phone and Cosmetics Salewoman Convicted of Selling Synthetic DrugsRead the Press Release
A woman who sold synthetic drugs commonly called “K2” and “bath salts” was convicted by a jury today after a 3-day trial in federal court in Cedar Rapids.
Mary Ramos, age 52, from Evansdale, Iowa, was convicted of distributing and possessing with intent to distribute a synthetic cannabinoid called XLR-11, and distributing and possessing with intent to distribute a synthetic cathinone called Alpha-PVP. Ramos was acquitted of a charge of possessing a firearm in furtherance of the drug crime. The verdict was returned this afternoon following about 6 hours of jury deliberations.
The evidence at trial showed that Ramos sold a drug called XLR-11 under various brand names including “Mr. Nice Guy,” “Mr. Happy,” “Diablo,” “Insane,” “Hydro,” “LOL,” and “777.” XLR-11 is a synthetic cannabinoid similar to THC, but the substances were labeled as incense or potpourri. Ramos also sold a drug called Alpha-PVP under the brand name “Blue.” Alpha-PVP is a form of synthetic cathinone, which is a stimulant similar to methamphetamine or cocaine. The “Blue” substance was labeled as scouring powder, and sold by Ramos for $50 per jar, despite the fact that Alpha-PVP has no cleaning properties. Each jar of “Blue” contained less than half a gram of powder.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Ramos was taken into custody by the United States Marshal after the verdicts were returned and will remain in custody pending sentencing. Ramos faces a possible maximum sentence of 80 years’ imprisonment, $4,000,000 in fines, $400 in special assessments, and a lifetime of supervised release following any imprisonment.
The case was prosecuted by Assistant United States Attorney Dan Chatham and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA, the Linn County Sheriff's Office, the Cedar Rapids Police Department, the Marion Police Department, the Iowa Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services; the Tri-County Drug Enforcement Task Force; the Federal Bureau of Investigation; the Department of Homeland Security; the Internal Revenue Service; and the Iowa Division of Criminal Investigation, Intelligence Division.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-CR-2034-LRR.Nursing Facility Agrees to Repay $500,000 to Resolve Civil Overpayment AllegationsRead the Press Release
Blackhawk Lifecare Center, a skilled nursing facility in Lake View, Iowa, has agreed to pay $500,000 to resolve civil allegations that the facility, which utilized a third party therapy services provider, submitted or caused to be submitted improper therapy services claims for payment to the government. The government did not allege that Blackhawk’s care resulted in patient harm or jeopardy to patients’ conditions. As part of the settlement, Blackhawk did not admit to any liability or wrongdoing.
Specifically, the government alleged that, between January 2007 and December 2009, Blackhawk submitted claims to the Medicare system for therapy services that were not justified by its residents’ conditions. The government further alleged that, by including costs for the therapy services in cost reports submitted to the Medicaid program, Blackhawk erroneously submitted inflated cost reports.
“This agreement signifies the importance our office places on ensuring a fair marketplace for all participants in federal programs and that all participants abide by all applicable rules and regulations,” said Kevin W. Techau, United States Attorney for the Northern District of Iowa. “We appreciate Blackhawk’s full cooperation throughout the investigation and its willingness to resolve the allegations without the public expenditure of costly resources to litigate the claims.”
The allegations resolved by the settlement arose from an investigation led by the Department of Health and Human Services.
Waterloo Internent "Molly" Dealer to Federal Prison for Drug ConspiracyRead the Press Release
A Waterloo man who imported MDMA (also known as “ecstasy” or “Molly”) he ordered through the internet was sentenced yesterday to more than 12 years in federal prison.
Adam Brian Lawin, age 23, from Waterloo, Iowa, received the prison term after a February 10, 2014, guilty plea to conspiracy to distribute MDMA.
In a plea agreement, Lawin admitted that he obtained the MDMA by utilizing the highly encrypted drug trafficking marketplace website, Silk Road. Lawin also admitted he insulated himself from detection by law enforcement by having the packages delivered to friends or acquaintances, and paying those individuals a nominal fee (either a small amount of MDMA or cash) for delivering the packages to him. During a search of Lawin’s Waterloo residence on April 26, 2013, law enforcement seized over 1.3 kilograms of MDMA, printed materials describing how to manufacture various drugs, and a draft of a book being authored by Lawin regarding the use of Bitcoin to purchase drugs through Silk Road. During searches of other locations on the same date, officers seized over 250 grams of MDMA destined for Lawin.
Lawin was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Lawin was sentenced to 147 months’ imprisonment. A special assessment of $100 was imposed, and Lawin was ordered to forfeit $100,000 in drug proceeds. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Lawin is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorney Dan Chatham and was investigated by the Department of Homeland Security, Homeland Securities Investigations, and the Tri-County Drug Enforcement Task Force.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is No. CR13-2040-1-LRR.
Former Insurance Salesperson Sentenced for Defrauding Insurance CompaniesRead the Press Release
A woman who defrauded two insurance companies out of more than $170,000 in sales commissions was sentenced today to more than three years in federal prison.
Melissa Ilene Williams, age 46, from Dike, Iowa, received the prison term after a March 3, 2014, guilty plea to one count of mail fraud.
In a plea agreement, Williams admitted that, between about July 2011 and January 2012, while working as an insurance policy salesperson, she fraudulently obtained advanced sales commissions from two insurance companies. Williams admitted she obtained the commissions by submitting fabricated life insurance applications to the companies in the names of persons who had not authorized and were unaware of the applications. Williams admitted she secretly paid the initial premiums on the policies so that the insurance companies would not discover the applications were fraudulent.
Williams was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Williams was sentenced to 41 months’ imprisonment to be followed by three years of supervised release. Williams was ordered to make a total of $175,147.32 in restitution to the two victim insurance companies. There is no parole in the federal system.
Williams was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Peter Deegan and investigated by the Insurance Fraud Bureau of the Iowa Department of Commerce, Division of Insurance, and the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-25-LRR.
Charles City Man Sentenced to Life in Prison on Firearms ViolationsRead the Press Release
Sentencing Judge Finds Defendant Murdered Burglary Victim
Randy Patrie, age 41, from Charles City, Iowa, received a life sentence after a September 6, 2013, guilty plea to possessing sawed-off shotguns and being a felon in possession of firearms. The court found at sentencing that he had used a sawed-off shotgun to commit a murder while stealing other firearms from the victim.
Evidence presented at a sentencing hearing in February 2014 showed that, in October 2012, Patrie burglarized the home of Ken Gallmeyer, located outside Nashua, Iowa. Finding Gallmeyer asleep in his bed, Patrie shot Gallmeyer in the head with a sawed-off .410 gauge shotgun. Patrie then ransacked the house in search of a large amount of cash Gallmeyer was rumored to have had in his house. In July 2013, a Charles City Police Officer arrested Patrie for burglarizing his step-mother’s house. In a search of Patrie’s house, officers found three firearms stolen from Gallmeyer, along with Gallmeyer’s large screen television and other property belonging to Gallmeyer. Patrie was also found in possession of approximately 32 firearms, two of which had been stolen in March 2013 during a burglary of another residence near Gallmeyer’s house, and 22 of which had been stolen in May 2013 during a burglary of the Gilbert’s Sales Yard in Floyd, Iowa. Among the firearms recovered from Patrie’s house was a .410 gauge sawed-off shotgun believed to have been the weapon Patrie used to murder Ken Gallmeyer.
Patrie was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. After hearing the evidence during the February sentencing hearing, the Court took the case under advisement. On June 12, 2014, the Court issued written findings of fact and made rulings on legal issues (Document 58). In the written findings, the Court concluded Patrie had murdered Gallmeyer. The Court found that Patrie qualified as an Armed Career Criminal, which carries a mandatory minimum of fifteen years and a maximum sentence of life imprisonment. At today’s hearing, the Court heard victim impact statements, and then imposed sentence. Patrie was sentenced to life imprisonment. There is no parole in the federal system.
Patrie is being held in the United States Marshal’s custody until he can be transported to a federal prison.
“This was a horrible crime,” said U.S. Attorney Techau. “The sentence is just and will certainly ensure that Randy Patrie never inflicts such intolerable and unspeakable cruelty on anyone else again. It is a measure of justice for Mr. Gallmeyer and his family.”
The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the Iowa Division of Criminal Investigation, the Chickasaw and Floyd County Sheriff’s Offices, and the Charles City Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-2016.
Dubuque Man Sentenced to over 12 Years for Possessing Child PornographyRead the Press Release
A man who possessed child pornography was sentenced today to over twelve years in federal prison.
Robert Baumhover, age 48, of Dubuque, Iowa, received the sentence after a March 31, 2014, guilty plea to one count of possession of child pornography. At the guilty plea hearing, Baumhover admitted that he knowingly possessed child pornography. In a plea agreement, Baumhover admitted he received child pornography between 2001 and 2013; he also admitted he possessed over 15,000 images of child pornography.
Baumhover was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Baumhover was sentenced to 148 months’ imprisonment. A special assessment of $100 was imposed, and Baumhover must also serve a ten-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque County Sheriff’s Office, the Scott County Sheriff’s Office, Homeland Security Investigations, and the Iowa Internet Crimes Against Children Task Force.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-1004.
Waterloo Convenience Store Manager Pleads Guilty to Distributing Synthetic Drug Known as "Bath Salts"Read the Press Release
Earl James Ramos, age 26, from Waterloo, Iowa, who managed a convenience store in Waterloo where he sold synthetic drugs commonly known as “bath salts” pled guilty today in federal court in Cedar Rapids.
Ramos was convicted of distributing pentedrone, an illegal controlled substance analogue under federal law. The term “controlled substance analogue” refers to substances that are chemically similar to, and have substantially similar or greater effects on humans than substances in Schedule I or II. “Controlled substance analogues” are illegal under federal law if intended for human consumption. Pentedrone is in the class of substances commonly referred to as “bath salts,” and is a synthetic form of the Schedule I stimulant methcathinone.
At the plea hearing, Ramos admitted he distributed pentedrone to another person in Waterloo on October 2, 2012. He also admitted he knew the pentedrone was intended to be used for human consumption.
According to information in the public court record, Ramos was the manager of the Five Star Snacks and I-Wireless store in Waterloo, Iowa. Beginning in at least 2012, Ramos began selling synthetic controlled substances from the Five Star Snacks store and in other locations, upon request of certain customers. The synthetic controlled substances included synthetic cannabinoids (commonly referred to as “K2,” “incense,” “potpourri,” “Spice,” among other names) and synthetic cathinones (commonly referred to as “bath salts”). sold synthetic cannabinoid products with the “brand” names of Mr. Nice Guy, KMA, 101, Caution, California Dreams, Diablo, Hydro Kush, King Kong, Mr. Happy, Insane, and Hydro 777. Ramos sold synthetic cathinones under the “brand” names of “Diamond,” White Angel,” “Pump It,” and “Blue.” The substance contained in the containers of “Diamond” and “Pump It” was pentedrone. The substances contained in the containers of “Blue” were α-PVP. As of May 16, 2013, α-PVP became a Schedule I controlled substance.
Court records also reflect that in May 2012 law enforcement seized “K2” products from the store. At some point after this seizure, the store again began to sell the products, but kept them hidden from view and only sold to known individuals.
Ramos’s store and residence in Waterloo were searched in June 2013. During the search, officers seized a total of 1294 packets of suspected synthetic cannabinoids and 418 units of suspected synthetic cathinones. Ramos was again told by officers not to sell the synthetic controlled substances because it was against the law to do so. Court records reflect that Ramos initially stopped selling synthetic controlled substances from Five Star Snacks. In at least November 2013, however, Ramos again began selling the synthetic controlled substance products from the Five Star Snacks and I Wireless. On December 23, 2013, January 3, 2014, and February 10, 2014, members of DNE and TCDETF again conducted controlled purchases of “bath salts” from Ramos at the Five Star Snacks/I Wireless in Waterloo, Iowa.On March 10, 2014, officers again conducted search warrants at Ramos’s residence and the Five Star Snacks and I Wireless. During the searches, officers seized 19 packages of synthetic cannabinoids labeled “Diablo Platinum” and 87 containers of “Blue.” Some of the packages of “Diablo Platinum” were located on a shelf in plain view on a shelf in the office area of the Five Star Snacks. Officers also found Ramos’s loaded, 9 mm Ruger pistol on top of some cigar boxes within arm’s reach of the Diablo Platinum. The “Diablo Platinum” was sent to the DCI laboratory, which determined the substance contained in the packages was XLR-11, a Schedule I controlled substance. In all, officers found approximately 59.48 grams of XLR-11 in Ramos’s possession on March 10, 2014. The DCI laboratory also determined that the containers of “Blue” (both purchased during the controlled buys and seized by officers during the March 10 search) contained approximately 32.0255 grams of the Schedule I Controlled Substance α-PVP.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Ramos was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Ramos faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and up to a lifetime term of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Dan Chatham and was investigated by as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Tri-County Drug Enforcement Task Force; the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa Division of Narcotics Enforcement; and the Sixth Judicial District Department of Correctional Services; the Federal Bureau of Investigation; the Department of Homeland Security; and the Internal Revenue Service.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR14-2014-1-LRR.
Cedar Rapids Man Charged with Bank RobberyRead the Press Release
Jacob Allen Mack, 24, from Cedar Rapids, Iowa, has been charged with one count of bank robbery. The charge is contained in an Indictment filed on June 4, 2014, in United States District Court in Cedar Rapids.
The Indictment alleges that, on or about May 2, 2014, Mack robbed the Hills Bank in downtown Cedar Rapids.If convicted, Mack faces a possible maximum sentence of twenty years’ imprisonment, a $250,000 fine, a $100 special assessment, and five years of supervised release following any imprisonment.
Mack appeared on June 5, 2014, in federal court in Cedar Rapids and was held without bond. Mack’s next appearance for trial is set for August 4, 2014.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Cedar Rapids Police Department.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 14-CR-0060.
Quality Egg, Company Owner, and Top Executive Plead Guilty in Connection with Distribution of Adulterated EggsRead the Press Release
Company Also Pleads Guilty To Bribery Of Public Official And Introduction Of Misbranded Eggs
Quality Egg, LLC, Austin “Jack” DeCoster, and Peter DeCoster pled guilty today in federal court in Sioux City, Iowa, in connection with the distribution of adulterated eggs in interstate commerce. As part of their plea agreements, the company and the two individuals admitted the company’s shell eggs were adulterated in that they contained a poisonous and deleterious substance, Salmonella Enteriditis, that may have rendered the eggs injurious to health.
Quality Egg, an egg production company with operations in Wright County, Iowa, pled guilty to one count of bribery of a public official, one count of introducing a misbranded food into interstate commerce with intent to defraud, and one count of introducing adulterated food into interstate commerce. Austin “Jack” DeCoster, age 79, of Turner, Maine, and Peter DeCoster, age 51, of Clarion, Iowa, each pled guilty to one count of introducing adulterated food into interstate commerce.
As part of its plea agreement, Quality Egg acknowledged that, on at least two occasions in 2010, its employees gave a cash bribe to an Inspector of the U.S. Department of Agriculture (“USDA”). The USDA Inspector’s job responsibilities included inspecting shell eggs at one or more of Quality Egg’s production facilities in Iowa. Quality Egg admitted its employees provided the bribe to the USDA Inspector (now deceased) in an attempt to corruptly influence the Inspector to exercise his authority to release pallets of retained eggs for sale without re-processing the eggs as required by law and USDA standards. The eggs had been retained or “red tagged” for failing to meet minimum USDA quality grade standards.
On September 12, 2012, former Quality Egg employee Tony Wasmund, age 63, pled guilty to one count of conspiracy to bribe a public official, sell restricted eggs with intent to defraud, and introduce misbranded food into interstate commerce with intent to defraud and mislead. Wasmund is scheduled to be sentenced before United States District Court Judge Mark W. Bennett on September 12, 2014, at 8:00 a.m.
Quality Egg also pled guilty to introducing misbranded eggs into interstate commerce with the intent to defraud. As part of its plea agreement, Quality Egg admitted that, beginning no later than January 2006 and continuing through August 12, 2010, its employees affixed labels to egg shipments that indicated false expiration dates with the intent to mislead state regulators and retail egg customers regarding the true age of the eggs. Quality Egg acknowledged that there were a number of ways that the company mislabeled older eggs with newer processing and expiration dates prior to shipping the eggs to customers in California, Arizona, and other states. Sometimes Quality Egg personnel did not put any processing or corresponding expiration dates on the eggs when they were processed. The eggs would be kept in storage for several days or up to several weeks. Then, just prior to shipping the eggs, Quality Egg personnel labeled the eggs with processing dates that were false in that the dates were more recent than the dates that the eggs had actually been processed and with corresponding false expiration dates.
As part of its plea agreement to the charge of introducing adulterated eggs into interstate commerce, Quality Egg admitted that, between about the beginning of 2010 and in or about August 2010, the company sold shell eggs that were adulterated in that they contained a poisonous and deleterious substance, Salmonella Enteriditis. The company acknowledged that it produced, processed, held, and packed the contaminated eggs in Iowa and sold and caused the distribution of the eggs to buyers in states other than Iowa.
Austin “Jack” DeCoster and Peter DeCoster each pled guilty to one count of introducing adulterated eggs into interstate commerce.
As part of his plea agreement, Austin “Jack” DeCoster admitted that he was the trustee of a trust that owned Quality Egg (also doing business as Wright County Egg, and Environ), and he exercised substantial control over the operations of Quality Egg and related entities and assets in Iowa. Austin “Jack” DeCoster acknowledged that he was the person ultimately responsible for the operations of Quality Egg and the various egg facilities in Iowa associated with Quality Egg.
Peter DeCoster, as part of his plea agreement, admitted that was the Chief Operating Officer of Quality Egg, and he exercised some control over the production and distribution of shell eggs by Quality Egg and related entities and assets in Iowa. Peter DeCoster acknowledged he was one of the persons responsible for running the operations of Quality Egg and the various egg facilities in Iowa associated with Quality Egg.
Both Austin “Jack” DeCoster and Peter DeCoster admitted that between about the beginning of 2010 and in or about August 2010, Quality Egg introduced and caused to be introduced into interstate commerce shell eggs that were adulterated, in that they contained a poisonous and deleterious substance, Salmonella Enteriditis.Sentencing before United States District Court Judge Mark W. Bennett will be set after presentence reports are prepared. Austin “Jack” DeCoster and Peter DeCoster remain free on bail pending sentencing.
On the bribery count, Quality Egg faces a sentence of probation for at least one and up to five years and a fine equal to the greater of three times the monetary equivalent of the thing of value given, offered, or promised as part of the offense, or $500,000. Quality Egg also agreed to forfeit a money judgment of $10,000 representing proceeds of the bribery offense.
On the introducing misbranded eggs into interstate commerce with the intent to defraud count, Quality Egg faces a maximum sentence of probation for at least one and up to five years and a fine equal to the greater of twice the gross gain resulting from the offense, twice the gross loss resulting from the offense, or $500,000.
On the introducing adulterated eggs in interstate commerce count, Quality Egg faces a sentence of probation for up to five years and a fine equal to the greater of twice the gross gain resulting from the offense, twice the gross loss resulting from the offense, or $100,000.
Austin “Jack” DeCoster and Peter DeCoster each face a maximum sentence of up to one year imprisonment or a term of probation of not more than five years; a fine equal to the greater of twice the gross gain or the gross loss resulting from the offense, or $100,000; and a term of supervised release after any imprisonment for up to one year.
The case is being prosecuted by Assistant United States Attorney Peter Deegan of the U.S. Attorney’s Office for the Northern District of Iowa and Trial Attorneys Lisa Hsiao and Christopher Parisi of the Consumer Protection Branch of the Civil Division of the Department of Justice. They were assisted by Associate Chief Counsel Michael Varrone of the Food and Drug Division, Office of General Counsel, Department of Health and Human Services. The case was investigated by the Food and Drug Administration’s Office of Criminal Investigations, the United States Department of Agriculture Office of Inspector General, and the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-3024.
Dubuque Man Sentenced to Ten Years' Imprisonment for Unlawful Possession of A Firearm by A FelonRead the Press Release
A man who shot someone in a bar fight was sentenced today to ten years in federal prison.
Tyrone Clifton, age 27, from Dubuque, Iowa, received the prison term after a March 11, 2014, guilty plea to one count of possession of a firearm by a felon.
In a plea agreement, Clifton admitted that on the morning of November 22, 2013, he was involved in an altercation in a Dubuque bar and shot someone. Clifton fled before the police arrived but was apprehended later that day in a car with a loaded 9mm pistol. Clifton had previously been convicted in Cook County, Illinois, of possession of a controlled substance with intent to deliver in 2005, possession of a controlled substance in 2006, delivery of a controlled substance in 2008, escape in 2008, and aggravated unlawful use of a weapon by a felon in 2011, all felony offenses.
Clifton was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Clifton was sentenced to 120 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Clifton is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, and Firearms.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-1003.
California Man Sentenced in Federal Court for Drug ConspiracyRead the Press Release
A California man was sentenced today to 13 months in federal prison.
Chad Straub, 40, from Salinas, California, received the prison term after a February 7, 2014, guilty plea to one count of conspiring to distribute marijuana.
At the guilty plea, Straub admitted he conspired with other individuals to distribute marijuana.
Straub was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Straub was sentenced to 13 months’ and one day imprisonment. A special assessment of $100 was imposed. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Straub is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Justin Lightfoot and Matthew J. Cole and investigated by the federal Drug Enforcement Administration.
Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-00020.
Waterloo Man Sent Back to Prison for Violating His Supervised Release Conditions by Selling DrugsRead the Press Release
A federal felon who was serving a six-year term of supervised release after being released from prison for drug trafficking was sent back to prison for three years when he was caught selling drugs again.
Floyd Neal, age 71, from Waterloo, Iowa, received the prison term after admitting during a revocation hearing on Tuesday, May 27, 2014, that he violated the terms and conditions of his supervised release.
During the hearing, Neal admitted that, while on supervised release, he failed to provide a urine sample as required, was residing with a felon against orders, and provided urine on April 23, 2014, that tested positive for cocaine. The most serious violation, however, occurred on May 6, 2014, when the Iowa Division of Narcotics Enforcement and the Waterloo Police Department searched Neal’s apartment and car and found cocaine. Neal admitted to the officers that he was involved in distributing cocaine.
Neal was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Neal was sentenced to 36 months’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Neal is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the Iowa Division of Narcotics Enforcement, the Waterloo Police Department, and the United States Probation Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 97-cr-2012.
Oxford Junction Man Sentenced to 40 Years for Sexually Exploiting Two ChildrenRead the Press Release
A man who sexually exploited two children was sentenced May 27, 2014, to 40 years in federal prison.
Nicholas Appleby, age 32, of Oxford Junction, Iowa, received the sentence after a December 26, 2013, guilty plea to one count of sexual exploitation of children and one count of possession of child pornography. At the guilty plea hearing, Appleby admitted that, in 2011 and 2012, he persuaded, induced, and enticed two female minors to engage in sexually explicit conduct for the purpose of producing visual depictions of this conduct. Defendant also admitted to possessing pornographic images of these minors.
Appleby was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Appleby was sentenced to 480 months’ imprisonment. A special assessment of $200 was imposed, and Appleby must also serve a 20-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Jones County Sheriff’s Office and the Iowa Internet Crimes Against Children Task Force.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 13-36.
Montour Man Pleads Guilty to Bankruptcy FraudRead the Press Release
A man who concealed assets from his creditors and the United States Bankruptcy Court pled guilty today in federal court in Cedar Rapids.
Jay Freese, age 51, from Montour, Iowa, was convicted of one count of concealment of bankruptcy assets.
In a plea agreement, Freese admitted that he filed for bankruptcy protection in September 2009, in the United States Bankruptcy Court in the Northern District of Iowa, in Cedar Rapids, Iowa. As part of seeking that protection, Freese was required to disclose all of his assets. Freese admitted that he did not disclose a Bobcat S175 skid loader or a Kubota tractor/loader. Freese further admitted that, during a bankruptcy hearing, he falsely testified under oath that he had sold the Bobcat and Kubota. In fact, Freese had never sold the Bobcat or Kubota and had retained possession of the equipment at all times, fraudulently concealing those assets with the intent to deceive his creditors, the bankruptcy trustee, and the United States Bankruptcy Court.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Freese remains free on bond previously set pending sentencing. Freese faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the United States Trustee’s Office and the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-14-LRR.
Aplington Man Pleads Guilty to Possessing Child PornographyRead the Press Release
A man who possessed child pornography pled guilty on May 27, 2014, in federal court in Cedar Rapids.
Jeremiah Romo, age 20, from Aplington, Iowa, was convicted of one count of possession of child pornography.
At the plea hearing, Romo admitted that, in July 2013, he possessed child pornography, including one or more depictions of prepubescent children. He also admitted that, in 2008, he was adjudicated delinquent for sexual abuse in the second degree.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Romo remains in custody of the United States Marshal pending sentencing. Romo faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following his imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation and the Butler County Sheriff’s Office.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-3011.
Two Dubuque Men Charged in Meth Lab That Caused FireRead the Press Release
John Starks Sr., age 46, and Casey Duhme, age 24, both from Dubuque, Iowa, have been charged with multiple methamphetamine-related offenses connected to a building fire that occurred on February 20, 2014 in Dubuque. The charges are contained in an Indictment unsealed in the United States District Court in Cedar Rapids.
The Indictment alleges that, on or about February 20, 2014, Starks and Duhme attempted to manufacture methamphetamine within 1,000 feet of Prescott Elementary School in Dubuque. The Indictment also alleges that Starks and Duhme conspired to manufacture methamphetamine, and that Starks possessed pseudoephedrine knowing it would be used to manufacture methamphetamine.According to information disclosed in court, the attempted manufacture resulted in a fire at a multi-family apartment building. The fire caused significant damage, causing the roof to collapse and rendering the building unlivable. The building was located across the street from the elementary school.
If convicted on all charges, Starks faces a mandatory minimum sentence of 1 year imprisonment and a possible maximum sentence of 120 years’ imprisonment, a $4,500,000 fine, $400 in special assessments, and at least 6 years and up to a life term of supervised release following any imprisonment.
Duhme faces a mandatory minimum sentence of 1 year imprisonment and a possible maximum sentence of 80 years’ imprisonment, a $4,000,000 fine, $200 in special assessments, and at least 6 years and up to a life term of supervised release following any imprisonment.
Duhme and Starks have both appeared in federal court in Cedar Rapids. Duhme appeared in court on May 13, 2014 and Starks appeared on May 22, 2014. Both are being held in the custody of the United States Marshal pending their July 14, 2014 trial. Duhme and Starks are scheduled to next appear for a status hearing at noon on June 18, 2014.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Dubuque Drug Task Force, the Dubuque Police Department, and the Dubuque Fire Department.
Court file information is available at https://ecf.iand.uscourts.gov/ cgi-bin/login.pl. The case file number is 14-cr-1009.